senate Bill S7528

Relates to commercial bribing

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2014
    • REFERRED TO CODES

Summary

Relates to commercial bribing.

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Bill Details

Versions:
S7528
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง180.03 & 180.08, Pen L

Sponsor Memo

BILL NUMBER:S7528

TITLE OF BILL: An act to amend the penal law, in relation to
commercial bribing

PURPOSE OR GENERAL IDEA OF BILL:

Removes the requirement that a person must cause economic harm of over
two hundred fifty dollars to an employer or principal to be found
guilty or commercial bribing in the first degree or commercial bribe
receiving in the first degree.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 180.03 of the penal law to remove the
requirement that a person must cause economic harm to the employer or
principal in an amount exceeding two hundred fifty dollars to be found
guilty of commercial bribing in the first degree.

Section 2 amends section 180.08 of the penal law to remove the
requirement that a person must cause economic harm to the employer or
principal in an amount exceeding two hundred fifty dollars to be found
guilty of commercial bribe receiving in the first degree.

Section 3 provides that this act shall take effect immediately.

JUSTIFICATION:

This legislation removes an impediment to prosecuting felony bribery
cases by removing a requirement that a person must cause economic harm
of over two hundred fifty dollars to an employer or principal to be
found guilty or commercial bribing in the first degree or commercial
bribe receiving in the first degree.

In order to prosecute an individual for felony-level bribery or bribe
receiving under New York State law, there is already a requirement
that the bribe must exceed $1000 in value. According to the
recommendation of the New York State White Collar Crime Task Force,
"The $1,000 threshold for a felony bribe is more than adequate as a
limiting principle, and recognizes that the harm done by bribery is
the purchase of loyalty, not the economic result." The report also
points out that "commercial bribery causes qualitative but not
necessarily quantitative harm: the breach of trust between employer
and employee; the corrupt influence that secures a contract or
service; and the disadvantage to businesses that operate with
integrity."

This legislation would provide law enforcement with an easier path to
prosecute commercial bribery and ensure a more fair and competitive
economic climate in the state of New York.

PRIOR LEGISLATIVE HISTORY:

New Legislation

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7528

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to commercial bribing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 180.03 of the penal law, as amended by chapter 577
of the laws of 1983, is amended to read as follows:
S 180.03 Commercial bribing in the first degree.
  A person is guilty of commercial bribing in the first degree  when  he
OR  SHE  confers,  or  offers  or agrees to confer, any benefit upon any
employee, agent or fiduciary without the consent of the latter's employ-
er or principal, with intent to influence his OR HER conduct in relation
to his OR HER employer's or principal's affairs, and when the  value  of
the  benefit  conferred or offered or agreed to be conferred exceeds one
thousand dollars [and causes economic harm to the employer or  principal
in an amount exceeding two hundred fifty dollars].
  Commercial bribing in the first degree is a class E felony.
  S 2. Section 180.08 of the penal law, as amended by chapter 577 of the
laws of 1983, is amended to read as follows:
S 180.08 Commercial bribe receiving in the first degree.
  An  employee, agent or fiduciary is guilty of commercial bribe receiv-
ing in the first degree when, without the consent  of  his  employer  or
principal,  he  OR SHE solicits, accepts or agrees to accept any benefit
from another person upon an agreement or understanding that such benefit
will influence his OR HER conduct in relation to his OR  HER  employer's
or  principal's  affairs,  and  when the value of the benefit solicited,
accepted or agreed to be accepted  exceeds  one  thousand  dollars  [and
causes economic harm to the employer or principal in an amount exceeding
two hundred fifty dollars].
  Commercial bribe receiving in the first degree is a class E felony.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15134-01-4

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